70 MAKALE/ARTICLE Agriculture and housing sector accounting for most of the remaining 16 % share. Projections to 2020 indicate that the relative shares of each sector will remain rather stable, although energy sector CO2 emissions are expected to surge to 41% of total CO2 emissions in Turkey. A 2004 study carried out by Turkish Cogeneration Association showed that, further CO2 emission reductions of up to 9.5 million tonnes a year are possible through investments in new high efficiency cogeneration systems. Per capita CO2 emissions in TURKEY is 2,6 metric tons, whilest it is 20,2 metric tons in U.S. (1O times higher). We understend why U.S. does not sign the KYOTO protocol. But we can not understand why TURKEY is hesitating to sign KYOTO committments. HoweverTurkey ratified the United Nations Framework Convention on Climate Change (UNFCCC) on 24th May . The Promotion of the Cogeneration systems are providing a very strong support in fulfilling to meet at least EU standards. 1. LEGAL ASPECTS Upto year 1984 TEAŞ (Former TEK) was a monopolistic Utility Company in Power Generation, Transmission and Distribution in Turkey. in 1984 Government, enacted Law No 3096, allowing private companies, to build, operate, transmit and distirbute electricity in the regions. According to Law No 3096, there were 2 model of investments in power generating facilities: 1. Build-Operate -Transfer (BOT) 2. Autoproduction BOT model allows legally, companies to sign power purchasing contracts with TEAŞ to build power facilities ona public land, operate this plant in a predetermined period and transfer the plant to TEAŞ (State Utility Company) at the end of the contractual period. Agriculture and housing sector accounting for most of the remaining 16 % share. Projections to 2020 indicate that the relative shares of each sector ııı.iill remain rather stable, although energy sector CO2 emissions are expected to surge to 41% of total CO2 emissions in Turkey. A 2004 study carried out by Turkish Cogeneration Association showed that, further CO2 emission reductions of up to 9.5 million tonnes a year are possible through investments in new high efficiency cogeneration systems. 1- Almost 2000 MW power generating capacities have been built and put into operation according to BOT arrangements. The implementation of BOT model has faced with certain bureucratic obstruction and continuing legal challenges. Therefore government searched simplier models of investments which have less legal obstacles. Thus, in 1977, the draft of a new law, Build-ownoperate (BOO) was bom. Almost 6000 MW new generation capacity has been put into system, operating BOO model of investments. There are two vital differences in BOO, compared to BOT. These are: • Land of the planı is in the possession of the IPP operator. • IPP operator has no obligation of transfer of power plant to state owned Utility Company, just continue to the operation, as Free Market operator. BOT and BOO plants electricity generation are constitute 32% of the Country's total generation. 2-The Autoproduction process is legally based on law No 3096 and related Decree No 85/9799. According to this regulation, any factory owner is entitled to build its own power planı to meet its factory's power and heat requirement. The factory owner can also establish an Autoproducers Group, can build a larger scale combined or cogeneration planı to meet the power requirement of their factories. The same Group can seli surplus electricity to the grid up to 25% of the total power production. in 2001, liberal electricity Market law was enacted by the Turkish Parliament. The basic concept of the new law is as follows: • Energy Market Regulatory Authority (EMRA) is authorized to set-up the reguations to operate the market. • Only HV. Transmission system remains in the ownership in the public utility company (TEIAŞ). • Electricity geenration company, EÜAŞ is responsible for the existing power plants. The building of new plants can be allowed to EÜAŞ, only in case, IPP operators can not meet country's electricity demand. • Only two model of investement in Power Generating sector remains: lndependent Power Producers (IPP) and Autoproducers. No more BOT or 800 arrangeements, except the ones which were built before the Free Electricity Market law was enacted. The Turkish Cogeneration Association has been urging the Government since early 2004 to draft a Cogeneration Law that would open up the residential and building sectors to cogeneration, as well as commercial sector (shopping malls,holiday resorts ete). The same draft covers provisionsto promote very high efficiencies in cogeneration systems. IENERJİ & KOJENEAASYON DÜNYASI ♦ "Kojenerasyon: Yüksek Verim, Temiz Çevre, Enerjide Yeniden Yapılanma"
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